United States v. Michael Ervin

MEMORANDUM

Michael Anthony Ervin appeals from the district court’s judgment and challenges his guilty-plea conviction and 148-month sentence for distribution of hydrocodone, in violation of 21 U.S.C. § 841 (a)(1). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Ervin’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Ervin has filed a pro se supplemental brief. The government has not filed an answering brief.

Ervin waived his right to appeal the reasonableness of his sentence, as well as the district court’s ruling on the government’s motion under U.S.S.G. § 5K1.1. Because the record discloses no arguable issue as to the validity of the waiver, we dismiss Ervin’s appeal as to those two issues. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009). Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Ervin’s conviction or any remaining aspect of the sentence. We, therefore, affirm as to those issues.

In his pro se brief, Ervin argues that…